New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 299C

299C Notice of application for leave

(1) An applicant for leave under this Division must, as soon as is reasonably practicable, give notice in writing of the application to each other party and each relevant protected confider (or the protected confider's nominee) that--

(a) specifies the document that is sought to be produced or the evidence that is sought to be adduced, and

(b) in the case of a notice to a protected confider who is not a party to the proceedings--advises the protected confider that the protected confider may appear in the proceedings concerned, and

(c) in the case of an application for leave to compel (whether by subpoena or any other procedure) a person to produce a document--specifies the day on which the document is to be produced, and

(d) in the case of an application for leave to adduce evidence--specifies the day (if known) when the proceedings are to be heard, and

(e) includes any other matter that may be prescribed by the regulations.

(2) A requirement to give notice to a protected confider who is not a party to proceedings is satisfied for the purposes of this section if the notice is given to--

(a) the prosecutor in the criminal proceedings, or

(b) if the regulations prescribe a different person or body, that person or body.

(3) A prosecutor (or person or body) who is given a copy of a notice under subsection (2) must ensure that a copy of the notice is given to the protected confider within a reasonable time after its receipt.

(4) A court cannot grant an application for leave under this Division until at least 14 days (or such shorter period as may be fixed by the court) after the relevant notices have been given under subsection (1) or (2).

(5) A court may waive the requirement to give notice if--

(a) notice has already been given in respect of an application under this Division, being an application that relates to the same protected confidence and the same criminal proceedings, or

(b) the principal protected confider has consented in writing to the notice being waived, or

(c) the court is satisfied that there are exceptional circumstances that require the notice to be waived.

(6) The regulations may make provision for or with respect to the giving of notices under this section.